The Chief Justice, Roxanne George-Wiltshire, has ruled that the directive given by the Minister of State earlier this year to the Police Service Commission to put a hold on the planned promotions of senior Police Officers was unlawful and unconstitutional.
The Police Service Commission was preparing to put together its list of promotions when it received the letter from the State Minister, who said it was at the request of the President.
Court Action was filed by former Attorney General Anil Nandlall in the name of Rajendra Jaigobin.
The Chief Justice in her ruling made it clear that the Constitution has no provisions for the Minister of State to direct the Police Service Commission on the issue of promotions.
The Attorney General had argued that the applicant in had no “locus standi” in the matter. That argument was shot down by the Chief Justice, who also awarded costs of $200,000 to the applicant.
The life of the Police Service Commission has since expired and a new Commission is still to be sworn in.
The move by the Government to put a hold on the promotions came as the top brass of the Police Force came under fire for their handling of an investigation into an alleged assassination plot against the President.
A Commission of Inquiry has recommended the firing of the Police Commissioner and for sanctions to be taken against a number of other senior officers.
The President has not yet acted on any of the recommendations of the Commission of Inquiry.